Can I move with my child after separation in BC?
Not without notice, and often not without agreement or a court order. Where a written agreement or order about parenting applies, a guardian who plans a move that would significantly affect the child's relationships must give the other guardian at least 60 days' written notice. The other guardian then has 30 days to apply to court to stop it. Who has to prove what depends on how parenting time has been shared.
Which law applies
BC's Family Law Act has a relocation division that applies when a written agreement or an order about parenting arrangements or contact is in place. The Divorce Act has parallel rules for parenting orders made under it. Both require 60 days' notice and both give the other parent 30 days to object; the tests differ in detail.
If there is no written agreement or order, the relocation division does not apply, but the other guardian can still apply for a parenting order, and the court must then consider the reasons for the move along with the child's best interests.
Notice
The notice must be in writing, at least 60 days before the move, and give the date and the proposed location. Under the Divorce Act it must also include the new address and a proposal for how parenting time will work. A court can excuse notice where giving it would risk family violence or where the other guardian has no ongoing relationship with the child.
The test under the Family Law Act
Where the guardians do not have substantially equal parenting time, the moving guardian must show the move is proposed in good faith and that reasonable, workable arrangements are proposed to preserve the child's relationship with the other guardian and the people who matter in the child's life. If so, the move is presumed to be in the child's best interests unless the other guardian shows otherwise. Where parenting time is substantially equal, the moving guardian must also prove the move itself is in the child's best interests.
Good faith is judged by the reasons for the move, whether it is likely to improve the child's and the guardian's quality of life, whether notice was given, and any restriction in an agreement or order. The court may not ask whether the guardian would move anyway without the child.
The test under the Divorce Act
The court applies the usual best-interests factors plus the reasons for the move, its impact on the child, each parent's involvement, compliance with notice requirements and past orders, any geographic restriction already in place, and the reasonableness of the moving parent's proposal. The burden is on the moving parent where time has been substantially equal, on the objecting parent where the child has lived mostly with the moving parent, and on both otherwise.
The law
Each link opens the section itself on BC Laws or Justice Laws. Checked on November 9, 2026.
- Family Law Act, SBC 2011, c 25, s 65 — what a relocation is, and when the division applies
- Family Law Act, s 66 — 60 days' written notice, and exemptions
- Family Law Act, s 68 — the move may go ahead unless an objection is filed within 30 days
- Family Law Act, s 69 — the test the court applies, including good faith
- Family Law Act, s 46 — a change of residence where no agreement or order applies
- Divorce Act, RSC 1985, c 3 (2nd Supp), s 16.9 — notice of relocation under the Divorce Act
- Divorce Act, s 16.91 — the 30-day objection
- Divorce Act, s 16.92 — the additional best-interests factors for relocation
- Divorce Act, s 16.93 — who bears the burden of proof
People also ask
- What counts as a relocation?
- A change in where the child or a guardian lives that can reasonably be expected to have a significant impact on the child's relationship with a guardian or another person with a significant role in the child's life. Distance is not the test; the effect on the relationships is.
- What if I move without giving notice?
- A move without the required notice counts against you. Whether notice was given is one of the factors in judging good faith under the Family Law Act and compliance under the Divorce Act, and a court can order the child returned while the application is decided.
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General information about the law in British Columbia, not legal advice. Laws change and every situation differs; speak to a lawyer before acting on anything here.